BRETT CAMEN, Plaintiff and Appellant, v. GLACIER EYE CLINIC, P.C., and KALISPELL REGIONAL MEDICAL CENTER, INC., Defendants and Appellees

BRETT CAMEN, Plaintiff and Appellant, v. GLACIER EYE CLINIC, P.C., and KALISPELL REGIONAL MEDICAL CENTER, INC., Defendants and Appellees. Oral Argument is set for Wednesday, April 26, 2023, at 9:30 a.m. in the courtroom of the Montana Supreme Court, Joseph P. Mazurek Justice Building, Helena, Montana. Live-streamed through the Court’s website at http://stream.vision.net/MT-JUD/ In late 2017, Brett Camen experienced a series of severe headaches followed by blurry double vision. He sought treatment with an ophthalmologist at the Glacier Eye Clinic who referred him to a neurologist a Kalispell Regional Medical Center. Camen underwent a series of tests and examinations that culminated in surgery on January 15, 2018, to place a shunt to relieve pressure in his brain. Unfortunately, Camen suffered permanent blindness because his optic nerve was damaged as a result of high pressure in his brain. Camen then sued Glacier and KRMC, arguing that their doctors violated the standard of care by not recognizing the need for immediate intervention to preserve his vision. A jury ruled in favor of Glacier and KRMC. Camen appeals from the adverse verdict. On appeal, he argues: (1) the trial court erred by failing to offer jury instructions that he requested on “proportionate duty” and “loss of chance of recovery”; (2) the trial court erred by allowing Camen’s treating doctor to offer expert testimony and to offer non-responsive answers to questions from counsel; and (3) the trial court was statutorily obligated to poll the jury upon Camen’s request and its failure to do so correctly constitutes reversible error.